India: FSSAI Issues New Rules For Import Of Food

The Food Safety and Standards Authority of India (FSSAI),
India's food regulator has issued new norms for the import,
labelling and packaging of products imported to India so as to do
away with the concerns of sub-standard products entering the
country. The FSSAI, on 14th January came out with a notice for
operationalization of the Food Safety and Standards (Food
Import) Regulations, 2016 for food importers. However the
notice shall come into force from such date as may be notified by
the Food Authority by publication in the Official Gazette.

Some of the notable highlights of the said Regulation are as
under:

Licensing of Food Importers/FBOs

The food importer shall register himself with the Directorate
General of Foreign Trade (DGFT).

Food importer must have a valid Import-Export code.

An import license1 from the Central Licensing
Authority is necessary for import of food.

A food item must have at least 60% shelf life remaining at the
time of its custom clearance.

Grounds for cancellation or suspension of Licence:

License can be cancelled or suspended in accordance with the
provisions of Food Safety and Standards (licensing and
registration of food businesses), Regulations 2011.

If DO/AO2 has reasons to believe that the food
importer has attempted to import unsafe food, prohibited food or
food from prohibited sources as is provided under the act either
directly or indirectly.

When the food importer didn't comply with the license,
regulations or undertaking of intended end use.

Suspension, revocation or cancellation of certificate of
Import-Export Code granted by DGFT shall immediately and
automatically render the import license cancelled and no further
notice shall be served on the food importer.

Such cancellation due to suspension, revocation or cancellation
of certificate of Import-Export code shall be reconsidered
and granted within 7 days of an application being made by
the importer for a license if such suspension has been withdrawn or
set aside or a fresh certificate has been issued to the importer by
the DGFT.

Appointment of Customs House Agent:

Food importer must duly inform AO/DO about the particulars of
his Customs House Agent
(CHA) and the authority
granted to him. Further the importer must also inform about
modification or withdrawal of any authority in
respect of CHA within 3 days of such modification.
The application must provide that the Food importer and the CHA
shall be jointly and severally liable for any contravention of Food
Safety and Standards Authority (FSSA) Act 2006 and its rules and
regulations. The format for the appointment of the CHA is provided
under Schedule 1. It must contain the following details:

Name of the importer, his address and contact no.

Food item to be imported

Country of origin of consignment

Bill of entry no.

Name of the CHA

CHA's licence no.

The application must be stamped or sealed along with the
Importer's signatures.

Such application shall contain the following
details (in no particular order):

Date of manufacture/Packaging of food items

Date of Expiry/ Best before of the food item

FSS code as published by the FSSAI of the food
consignment,

Name of exporting country,

Date of Dispatch from the exporting country and Date of entry
of goods,

Country of origin (if any),

Country of Manufacture (if any),

Transit Country(ies) (if any),

Quantity of Food and Food/Consignment description

Invoice value (INR)

Container location and container id.

Following documents shall be submitted along
with the application form [MANDATORY]

Basic Particulars as prescribed in Form 'A';

Bill of Entry and Examination Order generated by the EDI system
of Central Board of Excise and Customs;

Certificate of Country of Origin (COO);

End Use Declaration;

Laboratory Analysis Report from an authorised laboratory in the
country of origin.

Recall plan

Declaration on Regulatory status of food in the country of
origin and free sale certificate with declaration that the food is
permitted for human consumption in country of origin and also if
the parent company is located at a place different from country of
manufacture, status of Regulation of that product in the location
of the parent company.

Special Transit conditions e.g. Temperature profile report in
case the food item is required to be trans-shipped under cold
chain;

Any other document or report that may be demanded by the
AO.

The food importer must pay the fee for scrutiny of documents,
visual inspection and drawing of samples. For multiple categories
of foods having single Bill of Entry, inspection fee shall be
payable for each food item proposed for inspection.

The food importer of CHA shall be present at the customs area
at the appointed time to participate and facilitate visual
inspection, assist in the drawing of samples (if required), import
clearance proceedings, witness proceedings, sealing of samples and
affix his counter signature on the sealed samples.

The food importer shall facilitate the visual inspection and
collection of samples as per the Stuffing list. The food importer
shall assist in de-stuffing the container.

If the food importer or CHA is not present to facilitate the
inspection in spite of two opportunities being granted, the AO
shall refuse to grant further opportunity. Any such opportunity
shall then be granted by the CEO or his authorized representative
after levy of suitable penalty on the food importer.

Packaging and Labelling Requirements

The consignments shall comply with the provision of Labelling
and Packaging Regulation, 2011.

Further, any consignment of multiple food or food falling under
different categories packed in a single container shall be packed
in such a manner so as to facilitate the inspection and collection
of samples from the consignment.

Special exemptions on labelling for information on name and
address of the importer, FSSAI logo, Non-Veg/Veg logo can be
affixed by the importer upon arrival of imported food consignment
in the custom bonded warehouse. The AO shall pass an order
directing the food importer to carry out the permissible labelling
rectification within a prescribed time in the customs area without
altering or masking the original Label information. Such deficiency
shall be rectified by affixing a single non detachable sticker or
by any other non detachable method. Upon such rectification by the
food importer, AO shall carry out a re-inspection.

If food importer fails to rectify the permissible defects
within the prescribed time, the AO may pass an order refusing
clearance of such imported food and issue a NCC.

No other deficiency in label is allowed to be rectified and
such consignment not complying with the provisions of labelling and
packaging regulation shall be rejected at the visual inspection and
no samples shall be drawn from the consignment.

The sealed sample of imported Food shall bear the following
information on the Label:

Code number of the Sample;

Date and place of collection;

Quantity of Sample;

Name of food;

Name and Quantity of preservative added while drawing the
Sample, if any;

Name and signature of the Food Importer or his/her CHA;

Name and signature of the sender with official seal.

No-Objection Certificate:

The Authorised Officer can issue either of the two documents: No
Objection Certificate (NOC) or Non Conformance Report (NCR). A NCR
cites the grounds for refusal of Import clearance and the date on
which the clearance of food was refused. A NOC is issued after
assessing the safety of the food and permits the import of the
food. It states the validity period within which the food has to be
taken out by the Food Importer from the Customs area.

Review process:

The food importer can file a review application to the review
officer on being aggrieved by any one of the following orders of
the AO:

Rejecting the clearance of the imported food article ion
non-compliance with any of the conditions

Any order directing the food importer to rectify the labelling
of the food article.

Rejection report issued on receipt of a non-conformance report
from food analyst

Format of Review Application:

The review application shall be presented to the Review officer
with the prescribed fee and the documents within 7 working days
from the date of communication of rejection report to the food
importer.

Such application can be accepted after the period prescribed if
the review officer is satisfied that food importer had sufficient
cause for not presenting it within that period.

The review application4 shall contain the following
import details:

Date of import

Point of import

Name of food article under consideration

Product type

Invoice value of food article

Whether the goods are perishable or not

Balance shell life of the food item

End usage

Further, the review application should have the rejection report
details:

Date of rejection report sought to be reviewed

Name of the authority who passed the impugned order

Place where the impugned order was passed

FSS (food import) regulation under which the rejection report
was passed.

Relief claimed in the appeal

Grounds of appeal (must be numbered)

Statement of facts

A verification form should be present stating that the
information disclosed in the review application is true to the best
of the knowledge of the appellant.

Footnotes

1. Guidelines for same are provided under Food safety and
standards (licensing and registration of food businesses),
Regulations 2011.

2. AO/DO refers to authorized officer/designated
officer.

3. Format for application for inspection and clearance of
imported food provided under SCHEDULE 2

4. Format for the review application provided under SCHEDULE
16

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